Ex parte Quackenboss
New York Court of Chancery
PETITION of the heirs and devisees of John P. Quackenboss, deceased, stating, that Isaac Hanson, in his lifetime, and at the time of his death, held certain lots of land, and also certain choses in action, in the petition mentioned, in trust for them, and under an express trust created by deed, and that he died, leaving two infant children. Prayer, that those infant trustees might be directed to convey the land, and assign the securities to the petitioners, &c.
1Opinion of the Court
The Chancellor.
This application is under the 7th section of the act of the 24th sess. ch. 30., concerning idiots, lunatics, and, infant trustees, and which section was copied from the stat. of 7 An. c. 19. The statute gives *409the jurisdiction of the court, by petition; and Lord Eldon, in Evelyn v. Forster, (8 Vesey, 96.) refused to make an order in such a case upon motion merely. If the trust did not appear in writing, or if the infant had an interest, or if it was a doubtful case, the court has said (ex parte Vernon, 2 P. Wms. 548., and see also, 2 Vesey, 559.) that it would not interfere,…
2Cited by1 opinion
- Chess's AppealSupreme Court of Pennsylvania · 1846